Meeting Minutes
Planning Board
October 17, 2023
FINAL
Board Members Present: Darren Finneral, Chair; Chris Hernick, Vice Chair; Jim Lord, Chris Millette, Denise Mitchell, Wayne Seaholm, Members; Kristen Schultz, Ex Officio.
Town Personnel: Tiffany Favreau, Land Use Coordinator
Public:
Mr. Finneral called the meeting to order at 7:00 p.m.
ADMINISTRATIVE:
The Board reviewed the minutes of September 6, 2023.
Ms. Schultz made a motion to accept the minutes with proposed corrections. Mr. Lord seconded the motion. All were in favor.
The Board reviewed the minutes of September 19, 2023.
Mr. Millette made a motion to accept the minutes with proposed corrections. Ms. Schultz seconded the motion. All were in favor.
Case 2023-020-Conditional Use Permit – Lori L. Ward (owner), for land disturbance in the wetland buffer proposing placement of a 10’ x 20’ shed at property located at 51 Bay Point Road, Newbury, NH, Tax Map 007-228-290.
Ms. Ward said the project was originally approved by a different Code Enforcement Officer, but then Covid happened and the work never was completed. She just recently applied for a permit again and was told by the current Code Enforcement Officer that there is a wetland buffer on the property that she needs to adhere to because there is a brook on the property.
Mr. Hernick recused himself from the case since his employer was hired for this project.
Mr. Finneral made a motion to accept the application as complete. Mr. Seaholm seconded the motion. All were in favor.
Mr. Finneral read the conditions given for the reason to put the shed in the wetland buffer.
8.7.5.1 – Hardship of putting the shed somewhere else. Ms. Ward said it would be too far from the house especially during the winter months.
8.7.5.2 – Cause the least impact. Ms. Ward said the rest of the property would be too much of a slope to put the shed and would be more aesthetically pleasing to place it in the wetland buffer.
8.7.5.3 – The method of implementation would minimize the impact to the wetland buffer. Ms. Ward said it would minimize the impact to the wetland buffer.
Ms. Schultz said she disagreed with all of the conditions and does not feel that there is hardship. Ms. Mitchell asked if it could be moved 20’ out of the buffer zone and Ms. Ward said no because it would be right by the stairs.
Mr. Millette asked about the flat area that is outside of the wetland area and Ms. Ward said that is where the children play. Mr. Millette said he agrees with Ms. Schultz. Ms. Schultz said she believes this is not a hardship but more of an inconvenience.
Mr. Finneral opened public input.
Mr. Brad Johnson said his concern is the access road. He said the boundary markers were removed. He said those boundaries near to be replaced before any permits are given.
Ms. Lori Champagne said her concern is that the DES permit also states that if there is any variation that it is null and void and she brought in fill and pipes and filled it in before applying for a new permit.
Mr. Finneral read three letters into the public.
Ms. Diane Sullivan said she met with the previous code enforcement officer while Ms. Ward was out of town. She saw him measure from the lake and not from the brook. She feels that Ms. Ward has done everything in her power to follow the rules.
Ms. Mitchell said if there are issues to go to DES or to the Code Enforcement Officer with any grievances.
Ms. Mitchell said she thinks the shed can be outside of the buffer.
Mr. Hernick spoke as a member of the public. He said this wetland is already impacted by a highly used access road. In his view, this will not have a big impact to the wetland.
Mr. Millette said the impacts are cumulative. He said if we keep letting people add more with no other options, it will add to the impact. He feels that there are other alternatives to put the shed other than in the wetland buffer.
Ms. Ward said she could put a fence in and have a bunch of dogs that would have more impact to the wetlands than putting in her shed.
Philip Perry asked about setbacks if it were on a platform. He asked if the Board would allow Ms. Ward to withdraw the application and she could submit an analysis on stormwater. The Board said yes, she could withdraw if she chooses.
Mr. Finneral closed public input.
Mr. Lord asked if Ms. Ward is opposed to moving it out of the wetland buffer and Ms. Ward replied yes.
8.7.5.1 – Cannot be placed in the outside of the wetland buffer.
Ms. Schultz made a motion to decline this condition for 8.7.5.1 because it can be implemented outside of the buffer. Mr. Lord seconded the motion. Mr. Finneral voted nay, Mr. Lord voted aye, Mr. Seaholm voted aye, Mr. Schultz voted aye, Mr. Millette voted aye, Ms. Mitchell voted aye. The condition did not pass.
Therefore, the case was not approved.
Case 2023-021 – Conceptual Site Plan Review – Sunapee Difference LLC (owner), for property located at 156 Mount Sunapee Road, Newbury, NH, Tax Map 013-386-092A, proposing a replica structure of the Lake Sunapee lighthouse to be used as a photo opportunity on South Peak.
Mr. Rick Ruggles said Mount Sunapee would like to memorialize the 75th anniversary at the mountain. They would like a signature feature of a lighthouse. It would help with the guest experience. It will be in the South Peak in the learning center and you can ski through it. It will be mobile. They want to use it December through April.
Ms. Schultz asked if it is temporary why it is in front of the Board.
Mr. Finneral asked if the Board wants to require a minor site plan. Zoning article 11.3.12 – states there should be a minor site plan review for a temporary structure. It will be removed from south peak when the season end. It will be a permanent, mobile structure.
Mr. Lord suggested they come in for a minor site plan review. Mr. Hernick said that would be costly.
The marketing manager said they have no intent to putting it in the wetland buffer. They just want to put it where there will be skiers.
Mr. Finneral said he thinks it is not necessary to get a minor site plan. Mr. Lord then agreed. Mr. Seaholm agreed, Ms. Schultz, Mr. Millette, Ms. Mitchell and Mr. Hernick all agreed.
It is on the record that it was discussed that the lighthouse would never be placed in the wetland buffer.
Other:
- Discussion of Palace Pizza Site Plan updates for signature – There was discussion regarding the property lines and what needs to be submitted before the Board signs it. It was decided to have the Code Enforcement Officer tell the landlord to get the dumpster and tables off the state land.
- Discussion of scheduling a working session on Tuesday, October 24, 2023 – There will be no new legislation this year, but Mr. Finneral asked if they want to meet either next week or early November for a work session. It was decided to not hold a meeting on October 24, but rather meet an hour early at the November meeting.
Renee Theall, Housing Navigator/Associate Planner of the Upper Valley Lake Sunapee RPC, discussed what is going on with housing.
Ms. Schultz made a motion to adjourn. Mr. Finneral seconded the motion. All in favor.
The meeting adjourned at 9:11 p.m.
Respectfully submitted,
Donna S. Long
Recording Secretary